The Panorama programme, televised on 9th August, highlighted some of the dangers of using Will writing companies rather than obtaining proper legal advice in relation to your Will and the administration of your estate after your death. Worryingly, Will writing companies were accused of hitting consumers with hidden charges, selling packages (including, for example, Wills, Powers of Attorney, Care Home Fees Planning) which may not be required or not fully understood by the consumers and, in some cases, stealing from the dead. Crucially, the Will writing companies may not draft your Will to take into account your personal circumstances such as second marriages or unmarried couples.
Duncan Milwain, director and head of the Trusts, Wills & Estates Department at Lupton Fawcett LLP poses the question “Do you want your Will to be drawn up by a qualified and regulated professional or a salesperson?”
“By taking legal advice, you can be confident that your Will has been drafted correctly and you can then be reassured that your money, personal possessions and property will be dealt with as you wish after your death.”
The Panorama programme revealed that many consumers have been duped by the low prices advertised by these companies to then discover that they had been sold packages that they did not understand or necessarily need. It has to be questioned whether the circumstances of the individual consumer were taken into consideration as part of the sales pitch.
Hidden fees for the administration of an estate after someone’s death were exposed by the programme, with the featured companies charging 1% of the value of the estate in addition to the initial fees charged at the time when the packages were bought.
One crucial point that came out of the programme is that consumers who use a solicitor, as opposed to a Will writing company, are protected in the following ways; solicitors are regulated by the Solicitors’ Regulation Authority, they must have Indemnity Insurance and consumers have a Compensation Fund available to them should they need to seek redress.
Only one in three adults has a Will and many of these will be out of date. A Will is an important document and must be drafted carefully by someone acting in your interest and who can provide independent advice based on your circumstances.
To ensure that you are protected from unregulated Will writing companies, it is important to instruct a regulated and qualified solicitor.
For further information on this, please contact Duncan Milwain on 0113 280 2097 or e-mail him at Duncan.milwain@luptonfawcett.com